Sweet v. Perkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles H. Perkins' and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Wayne on the 28th day of April, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8tli day of January, 1906, as modified by an order entered on the 28th day of April, 1906, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Nash, J.:
The law with respect to public highways and to fresh water rivers is the same and the analogy perfect as concerns the right of ■ soil. The presumption is that the Owners of the land on each side go to the center of the road, and they have the exclusive right to the soil, subject to the right of passage in the public. Being owners of the soil, they have the right to all ordinary remedies for the freehold. They may maintain an action for ejectment for encroachments upon the road, or an assize if disseised of it, or trespass against any person who digs up the soil of it, or cuts down…
2Cases cited2 opinions
- Gidney v. EarlNew York Supreme Court · 1834
- Hoffart v. Town of West TurinAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- City of Albany v. LippittSupreme Court of Georgia · 1941
- Dean v. CarrollNew York Supreme Court · 1913
- Sweet v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1907
- Sweet v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1906